There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
KENTUCKY RULES OF EVIDENCE
.Rule 507Psychotherapist-patient privilege.
Download pdflicensed to practice medicine, while engaged in the diagnosis or
treatment of a mental condition; (B) A person licensed or certified by the state of Kentucky, or by the laws of another state, as a psychologist, or a person reasonably believed by the
patient to be a licensed or certified psychologist; (C) A licensed clinical social worker, licensed by the Kentucky Board of Social Work; or (D) A person licensed as a registered nurse or advanced registered nurse practitioner by the board of nursing and who practices psychiatric or
mental health nursing. (3) A communication is "confidential" if not intended to be disclosed to third persons other than those present to further the interest of the patient in the
consultation, examination, or interview, or persons reasonably necessary for
the transmission of the communication, or persons who are present during the
communication at the direction of the psychotherapist, including members of
the patient's family. (4) "Authorized representative" means a person empowered by the patient to assert the privilege granted by this rule and, until given permission by the
patient to make disclosure, any person whose communications are made
privileged by this rule. (b) General rule of privilege. A patient, or the patient's authorized representative, has a privilege to refuse to disclose and to prevent any other person from disclosing
confidential communications, made for the purpose of diagnosis or treatment of the
patient's mental condition, between the patient, the patient's psychotherapist, or
persons who are participating in the diagnosis or treatment under the direction of
the psychotherapist, including members of the patient's family. (c) Exceptions. There is no privilege under this rule for any relevant communications under this rule:
(1) In proceedings to hospitalize the patient for mental illness, if the psychotherapist in the course of diagnosis or treatment has determined that the
patient is in need of hospitalization; (2) If a judge finds that a patient, after having been informed that the communications would not be privileged, has made communications to a
psychotherapist in the course of an examination ordered by the court, provided that such communications shall be admissible only on issues involving the
patient's mental condition; or (3) If the patient is asserting that patient's mental condition as an element of a claim or defense, or, after the patient's death, in any proceeding in which any
party relies upon the condition as an element of a claim or defense. Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 369, sec. 18, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 367, sec. 13, effective July 15, 1994; amended 1992 Ky. Acts ch.
324, sec. 12; renumbered (7/1/92) pursuant to 1992 Ky. Acts ch. 324, sec. 34
Enacted 1990 Ky. Acts ch. 88, sec. 29.
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